BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130014068
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Air Assault Badge.
2. The applicant states the policy to deny the Air Assault Badge to Vietnam era veterans may have changed.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 25 June 1968, he enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. He was assigned to the 2nd Battalion (Airmobile), 501st Infantry in the Republic of Vietnam from 11 December 1968 to 16 November 1969.
4. On 24 June 1970, he was released from active duty by reason of the expiration of his term of service. The Air Assault Badge is not shown on his
DD Form 214.
5. There are no orders for the Air Assault Badge in the applicant's service personnel records. There is also no evidence of record that shows he completed an air assault course.
6. Paragraph 826 (Air Assault Badge) of Army Regulation 600-8-22 (Military Awards) states the basic eligibility criteria consist of satisfactory completion of the following:
* an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction
* the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) since 1 April 1974
DISCUSSION AND CONCLUSIONS:
The applicant's military records do not show he met the requirements now required for the award for the Air Assault Badge. There are no provisions and there has been no change in policy to provide for awarding the Air Assault Badge prior to 1 April 1974. Therefore, there is no basis to grant relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ _X_______ __X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130014068
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ABCMR Record of Proceedings (cont) AR20130014068
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